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By: Manuel (Senate Sponsor - Paxton) |
H.B. No. 3536 |
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(In the Senate - Received from the House May 10, 2023; |
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May 11, 2023, read first time and referred to Committee on Business & |
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Commerce; May 17, 2023, reported favorably by the following vote: |
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Yeas 9, Nays 0; May 17, 2023, sent to printer.) |
| Click here to see the committee vote |
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A BILL TO BE ENTITLED
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AN ACT
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relating to a commercial landlord's remedies regarding certain |
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unlawful activities on the premises of commercial rental property. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 93.013(a), Property Code, is amended to |
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read as follows: |
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(a) Notwithstanding a provision in a lease to the contrary, |
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a tenant's right of possession terminates and the landlord has a |
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right to recover possession of the leased premises if the tenant is |
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using the premises or allowing the premises to be used for the |
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purposes of: |
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(1) prostitution as described by Section 43.02, Penal |
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Code, solicitation of prostitution as described by Section 43.021, |
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Penal Code, promotion of prostitution as described by Section |
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43.03, Penal Code, aggravated promotion of prostitution as |
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described by Section 43.04, Penal Code, or compelling prostitution |
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as described by Section 43.05, Penal Code; |
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(2) [, or] trafficking of persons as described by |
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Section 20A.02, Penal Code; or |
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(3) operating, maintaining, or advertising a massage |
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establishment, as defined by Section 455.001, Occupations Code, |
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that is not in compliance with: |
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(A) Chapter 455, Occupations Code; or |
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(B) an applicable local ordinance relating to the |
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licensing or regulation of a massage establishment. |
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SECTION 2. The changes in law made by this Act apply only to |
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a commercial lease that is entered into or renewed on or after the |
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effective date of this Act. A commercial lease that is entered into |
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or renewed before the effective date of this Act is governed by the |
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law applicable to the lease immediately before the effective date |
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of this Act, and that law is continued in effect for that purpose. |
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SECTION 3. This Act takes effect September 1, 2023. |
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